(1) The present Terms and Conditions of Sale (hereinafter: "GTC") shall apply to all contracts we conclude through our online store between us, Hengst Filtration GmbH, represented by Peter Wink und Malte Röcke, registered in the companies register at the local court Amtsgericht Münster HRB 18279, under the VAT ID No.: DE331364881, phone number: 0251-20202-0, email: info@hengst.de, and you as our customer.
(2) The GTC shall apply exclusively to entrepreneurs. Entrepreneur means any natural or legal person or partnership with legal capacity who, when concluding the contract, are exercising their commercial or independent professional activity.
(3) All covenants agreed between you and us in connection with the purchase contract are based on the present Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(4) The version of the GTC as amended and valid at the time of the conclusion of the contract shall be the applicable version.
(4) The version of the GTC as amended and valid at the time of the conclusion of the contract shall be the applicable version.
(1) The depiction, presentation and promotion of goods in our online store shall not constitute a binding offer to enter into a purchase contract.
(2) Submitting an order via the online store by clicking the button "zahlungspflichtig bestellen” (place an order subject to payment) constitutes a legally binding order on your part. You are bound to the order for a period of two (2) weeks from the date of placing the order.
(3) We will immediately send you an email confirming receipt of the order you placed via our online store. The confirmation email shall not constitute binding acceptance of the order unless, in addition to the confirmation of receipt, we declare acceptance at the same time.
(4) The contract is not concluded until we accept your order by declaring acceptance and/or by delivering the ordered goods.
(5) If delivery of the goods you ordered is not possible, for example because we do not have the goods in question in stock, we will not issue a declaration of acceptance. In such cases, no contract is concluded and we will inform you without delay and will promptly refund any consideration already received.
(1) We are entitled to make partial deliveries provided they are reasonably acceptable to you.
(2) The delivery period is approximately 10 working days, unless agreed otherwise. The delivery period shall commence on the date of the conclusion of the contract.
(3) In the event of a legitimate reason to believe there is a risk of non-payment, we reserve the right to withhold delivery until we have received the full purchase price plus shipping costs (reservation of advance payment). If we reserve advance payment we will inform you without delay. In that case, the delivery period shall commence upon payment of the full purchase price and the shipping costs.
(1) All prices displayed in our online store are net prices plus the statutory value added tax and do not include shipping costs.
(2) The shipping costs are displayed in the price lists displayed in our online store. The price, including VAT if applicable, and any shipping costs incurred will also be displayed in the online order form you fill in before you submit an order.
(3) If we fulfil your order in the form of partial deliveries (section 3 (1)), you will be charged shipping costs only for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery
(1) The purchase price and shipping costs are due payable (net) forthwith.
(2) You are not entitled to offset against our claims unless your counterclaims are undisputed or res judicata (confirmed by a non-appealable court decision). You are entitled to offset against our claims if you invoke notices of defects or counterclaims arising from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
(1) We reserve our title to the sold goods until we have received full payment of all our present and future claims arising from the purchase contract and/or from an ongoing business relationship (secured claims).
(2) The goods subject to retention of title (“Reserved Goods”) may not be pledged to a third party nor assigned as security until the secured claims have been paid in full. The customer must inform us promptly in writing if a petition to open insolvency proceedings is filed or if a third party seizes the goods belonging to us (e.g. seizure, attachment).
(3) If the customer breaches the contract, in particular if the customer fails to pay the due purchase price, we shall be entitled to terminate the contract in accordance with the provisions of law and/or to demand that the goods are returned to us under our retained title. The requested return does not at the same time comprise a notice of termination
(4) The customer is revocably (point (c) below) authorized to resell and/or process the Reserved Goods in the ordinary course of business. In this case, the following provisions shall apply in addition.
(a) Our retained title extends to the product and its full value that results from processing, combining or commingling our goods, and of which we shall be deemed to be the manufacturer. If, in the event of processing, combining or commingling with goods of third parties, the third party’s ownership title survives, we shall acquire co-ownership in proportion to the invoice values of the processed, combined or commingled goods. In all other respects, the resulting product shall be subject to the same provisions as the Reserved Goods.
(b) The customer hereby assigns to us as security its claims in full or in proportion to our co-ownership share (section 6(4)(a)), where applicable, against third parties that arise from reselling the goods or the product. We hereby accept the assignment. The obligations of the customer stated under (2) shall also apply to the assigned claims.
(c) The customer shall continue to be authorised to collect the receivables alongside us. We agree to not collect the receivables as long as the customer meets their payment obligations towards us, their solvency is not impaired, and we do not invoke the retention of title by exercising one of the rights laid down under (3). If one of the above does occur, however, we may require that the customer inform us of the assigned receivables and their debtors, provide us with all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment. Furthermore, in such a case we shall have the right to revoke the customer's authorisation to resell and process the Reserved Goods.
(d) If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer's request
(1) We are liable for defects in the quality or title of the goods delivered under the provisions of statutory law, in particular, but not limited to, sections 434 et seqq. of the German Civil Code (“BGB”). Contrary to section 438 (1)(3) BGB, the general limitation period for claims for defects in quality and/or in title shall be one year from delivery.
(2) Our liability for defects is based primarily on the agreed quality of the goods. Our goods are natural products. They contain variations, among other things, in structure and/or colour, for example due to cracks and/or veins. Variations are therefore reserved, in particular with regard to, but not limited to, the aforementioned properties and that are due to the nature of the materials used and are common in trade. We have adverted you thereof in our presentation on the website.
(3) The customer's claims for defects are subject to the condition of the prior fulfilment of customer’s legal obligation to inspect the goods and give notice of defects (sections 377, 381 HGB). In the case of construction materials and other goods intended for installation or other further processing, an inspection must in all cases take place promptly prior to processing. If a defect becomes apparent during delivery, inspection or at any later time, we must be notified in writing without undue delay. In any case, evident defects must be notified to us in writing within 5 working days from delivery and defects that are not visible during the inspection must be notified to us within the same period of time from discovery. If the customer fails to carry out the due and proper inspection and/or give notice of defect, our liability is excluded in accordance with the provisions of law for any such defect not reported or not reported in time or not reported properly.
(4) Any seller's guarantees given by us for certain items or manufacturer's guarantees given by the manufacturers of certain items shall be complementary to claims for defects in quality or in title as specified under (1). Details of the scope of such guarantees can be found in the guarantee terms (if any) enclosed with the items.
(1) We are liable to you for damages or reimbursement of futile expenses in all cases of contractual and non-contractual liability for intent and gross negligence on our part in accordance with the provisions of law.
(2) Otherwise, we shall only be liable - unless otherwise stipulated under (3) - in the event of a breach on our part of a contractual obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), however our liability in such cases is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions of (3).
(3) Our liability for damages arising from injury to life, the body or health and/or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the foregoing limitations and exclusions of liability.
We own all intellectual property rights in all pictures, films and texts published in our online store. Use of the images, films, and texts is prohibited without our express prior written consent.
(1) The present GTC and the contractual relationship between us and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Münster, Germany. However, we are generally also entitled to bring legal action at the place of performance of the delivery obligation under the present GTC or under an individual agreement prevailing over these GTC, or at the general place of jurisdiction of the buyer. Prevailing provisions of law, in particular relating to exclusive jurisdiction, shall not be affected.